Mississippi Advisory Opinions April 26, 1979: 19790426 (April 26, 1979)

Advisory Opinion Text

Representative Walter Brown

District 33

Adams County

Post Office Box 1047

Natchez, Mississippi 39120

Dear Mr. Brown:

Attorney General Summer has received your opinion request dated April 2, 1979 and has assigned it to me for research and reply, your letter of request stating:

‘At the request of several potential candidates for County Supervisor, I have reviewed Sections 241 and 251, to determine what residency requirements are provided. I notice in Constitutional Section 176 that the person must be a ‘resident freeeholder’, and assume further that he must be a qualified elector as provided by Section 250 of the Constitution. My specific inquiry is what residency requirement must a candidate meet who plans to run in a party primary for the office of Supervisor? The various Federal Decisions cited under Sections 241 and 251 still leave me somewhat in the dark as to parties who are running in primaries. Your elucidation on this subject would be most helpful.'

A party candidate for supervisor must be a qualified elector which includes (1) having attained at least the age of 18 years on the day of the regular general election on November 6, 1979 and (2) residence in the state, in the county and in the election precinct in which that person offers to vote for not less than thirty (30) days on or before the first primary election on August 7, 1979.

Sections 138 and 170, Mississippi Constitution of 1890, authorize them to be selected ‘in the manner prescribed by law’ and § 19–3–3, Mississippi Code of 1972, requires that they be ‘a resident freeholder in the district for which he is chosen, and the owner of real estate for value of’ ($1, 500.00). The statutes are silent as to how long they must be resident freeholders but it could be no less and no more than the requirement of being a qualified elector as above set out since the Legislature has not spoken to the subject otherwise.

Hoping the above will be of service to you and thanking you for giving this office this opportunity to be of assistance, I remain

Yours very truly,

A.F. Summer, Attorney General.

Richard M. Allen, Special Assistant Attorney General.